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SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN COURT ORDERS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Inclusion of Certain Orders in Semiannual Reports of Attorney General- Subsection (a)(5) of section 601 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is amended by striking `(not including orders)' and inserting `, orders,'.
(b) Reports by Attorney General on Certain Other Orders- Such section 601 is further amended by adding at the end the following:
`(c) Submissions to Congress- The Attorney General shall submit to the committees of Congress referred to in subsection (a)--
`(1) a copy of any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of any provision of this Act, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, not later than 45 days after such decision, order, or opinion is issued; and
`(2) a copy of each such decision, order, or opinion, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, that was issued during the 5-year period ending on the date of the enactment of the FISA Amendments Act of 2008 and not previously submitted in a report under subsection (a).
`(d) Protection of National Security- The Attorney General, in consultation with the Director of National Intelligence, may authorize redactions of materials described in subsection (c) that are provided to the committees of Congress referred to in subsection (a), if such redactions are necessary to protect the national security of the United States and are limited to sensitive sources and methods information or the identities of targets.'.
(c) Definitions- Such section 601, as amended by subsections (a) and (b), is further amended by adding at the end the following:
`(e) Definitions- In this section:
`(1) FOREIGN INTELLIGENCE SURVEILLANCE COURT- The term `Foreign Intelligence Surveillance Court' means the court established under section 103(a).
`(2) FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW- The term `Foreign Intelligence Surveillance Court of Review' means the court established under section 103(b).'.
SEC. 104. APPLICATIONS FOR COURT ORDERS.
Section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (2) and (11);
(B) by redesignating paragraphs (3) through (10) as paragraphs (2) through (9), respectively;
(C) in paragraph (5), as redesignated by subparagraph (B) of this paragraph, by striking `detailed';
(D) in paragraph (6), as redesignated by subparagraph (B) of this paragraph, in the matter preceding subparagraph (A)--
(i) by striking `Affairs or' and inserting `Affairs,'; and
(ii) by striking `Senate--' and inserting `Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official--';
(E) in paragraph (7), as redesignated by subparagraph (B) of this paragraph, by striking `statement of' and inserting `summary statement of';
(F) in paragraph (8), as redesignated by subparagraph (B) of this paragraph, by adding `and' at the end; and
(G) in paragraph (9), as redesignated by subparagraph (B) of this paragraph, by striking `; and' and inserting a period;
(2) by striking subsection (b);
(3) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; and
(4) in paragraph (1)(A) of subsection (d), as redesignated by paragraph (3) of this subsection, by striking `or the Director of National Intelligence' and inserting `the Director of National Intelligence, or the Director of the Central Intelligence Agency'.
SEC. 105. ISSUANCE OF AN ORDER.
(a) In General- Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively;
(2) in subsection (b), by striking `(a)(3)' and inserting `(a)(2)';
(3) in subsection (c)(1)--
(A) in subparagraph (D), by adding `and' at the end;
(B) in subparagraph (E), by striking `; and' and inserting a period; and
(C) by striking subparagraph (F);
(4) by striking subsection (d);
(5) by redesignating subsections (e) through (i) as subsections (d) through (h), respectively;
(6) by amending subsection (e), as redesignated by paragraph (5) of this section, to read as follows:
`(e)(1) Notwithstanding any other provision of this title, the Attorney General may authorize the emergency employment of electronic surveillance if the Attorney General--
`(A) reasonably determines that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained;
`(B) reasonably determines that the factual basis for the issuance of an order under this title to approve such electronic surveillance exists;
`(C) informs, either personally or through a designee, a judge having jurisdiction under section 103 at the time of such authorization that the decision has been made to employ emergency electronic surveillance; and
`(D) makes an application in accordance with this title to a judge having jurisdiction under section 103 as soon as practicable, but not later than 7 days after the Attorney General authorizes such surveillance.
`(2) If the Attorney General authorizes the emergency employment of electronic surveillance under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed.
`(3) In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.
`(4) A denial of the application made under this subsection may be reviewed as provided in section 103.
`(5) In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
`(6) The Attorney General shall assess compliance with the requirements of paragraph (5).'; and
(7) by adding at the end the following:
`(i) In any case in which the Government makes an application to a judge under this title to conduct electronic surveillance involving communications and the judge grants such application, upon the request of the applicant, the judge shall also authorize the installation and use of pen registers and trap and trace devices, and direct the disclosure of the information set forth in section 402(d)(2).'.
(b) Conforming Amendment- Section 108(a)(2)(C) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(2)(C)) is amended by striking `105(f)' and inserting `105(e)';
SEC. 106. USE OF INFORMATION.
Subsection (i) of section 106 of the Foreign Intelligence Surveillance Act of 1978 (8 U.S.C. 1806) is amended by striking `radio communication' and inserting `communication'.
SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES.
(a) Applications- Section 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1823) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (9) as paragraphs (2) through (8), respectively;
(C) in paragraph (2), as redesignated by subparagraph (B) of this paragraph, by striking `detailed';
(D) in paragraph (3)(C), as redesignated by subparagraph (B) of this paragraph, by inserting `or is about to be' before `owned'; and
(E) in paragraph (6), as redesignated by subparagraph (B) of this paragraph, in the matter preceding subparagraph (A)--
(i) by striking `Affairs or' and inserting `Affairs,'; and
(ii) by striking `Senate--' and inserting `Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official--'; and
(2) in subsection (d)(1)(A), by striking `or the Director of National Intelligence' and inserting `the Director of National Intelligence, or the Director of the Central Intelligence Agency'.
(b) Orders- Section 304 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and
(C) in paragraph (2)(B), as redesignated by subparagraph (B) of this paragraph, by inserting `or is about to be' before `owned'; and
(2) by amending subsection (e) to read as follows:
`(e)(1) Notwithstanding any other provision of this title, the Attorney General may authorize the emergency employment of a physical search if the Attorney General--
`(A) reasonably determines that an emergency situation exists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical search can with due diligence be obtained;
`(B) reasonably determines that the factual basis for issuance of an order under this title to approve such physical search exists;
`(C) informs, either personally or through a designee, a judge of the Foreign Intelligence Surveillance Court at the time of such authorization that the decision has been made to employ an emergency physical search; and
`(D) makes an application in accordance with this title to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such physical search.
`(2) If the Attorney General authorizes the emergency employment of a physical search under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed.
`(3) In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.
`(4) A denial of the application made under this subsection may be reviewed as provided in section 103.
`(5) In the event that such application for approval is denied, or in any other case where the physical search is terminated and no order is issued approving the physical search, no information obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
`(6) The Attorney General shall assess compliance with the requirements of paragraph (5).'.
(c) Conforming Amendments- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
(1) in section 304(a)(4), as redesignated by subsection (b) of this section, by striking `303(a)(7)(E)' and inserting `303(a)(6)(E)'; and
(2) in section 305(k)(2), by striking `303(a)(7)' and inserting `303(a)(6)'.
SEC. 108. AMENDMENTS FOR EMERGENCY PEN REGISTERS AND TRAP AND TRACE DEVICES.
Section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
(1) in subsection (a)(2), by striking `48 hours' and inserting `7 days'; and
(2) in subsection (c)(1)(C), by striking `48 hours' and inserting `7 days'.
SEC. 109. FOREIGN INTELLIGENCE SURVEILLANCE COURT.
(a) Designation of Judges- Subsection (a) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended by inserting `at least' before `seven of the United States judicial circuits'.
(b) En Banc Authority-
(1) IN GENERAL- Subsection (a) of section 103 of the Foreign Intelligence Surveillance Act of 1978, as amended by subsection (a) of this section, is further amended--
(A) by inserting `(1)' after `(a)'; and
(B) by adding at the end the following new paragraph:
`(2)(A) The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 501(f) or paragraph (4) or (5) of section 702(h), hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that--
`(i) en banc consideration is necessary to secure or maintain uniformity of the court's decisions; or
`(ii) the proceeding involves a question of exceptional importance.
`(B) Any authority granted by this Act to a judge of the court established under this subsection may be exercised by the court en banc. When exercising such authority, the court en banc shall comply with any requirements of this Act on the exercise of such authority.
`(C) For purposes of this paragraph, the court en banc shall consist of all judges who constitute the court established under this subsection.'.
(2) CONFORMING AMENDMENTS- The Foreign Intelligence Surveillance Act of 1978 is further amended--
(A) in subsection (a) of section 103, as amended by this subsection, by inserting `(except when sitting en banc under paragraph (2))' after `no judge designated under this subsection'; and
(B) in section 302(c) (50 U.S.C. 1822(c)), by inserting `(except when sitting en banc)' after `except that no judge'.
(c) Stay or Modification During an Appeal- Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection:
`(f)(1) A judge of the court established under subsection (a), the court established under subsection (b) or a judge of that court, or the Supreme Court of the United States or a justice of that court, may, in accordance with the rules of their respective courts, enter a stay of an order or an order modifying an order of the court established under subsection (a) or the court established under subsection (b) entered under any title of this Act, while the court established under subsection (a) conducts a rehearing, while an appeal is pending to the court established under subsection (b), or while a petition of certiorari is pending in the Supreme Court of the United States, or during the pendency of any review by that court.
`(2) The authority described in paragraph (1) shall apply to an order entered under any provision of this Act.'.
(d) Authority of Foreign Intelligence Surveillance Court- Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), as amended by this Act, is amended by adding at the end the following:
`(i) Nothing in this Act shall be construed to reduce or contravene the inherent authority of the court established under subsection (a) to determine or enforce compliance with an order or a rule of such court or with a procedure approved by such court.'.
SEC. 110. WEAPONS OF MASS DESTRUCTION.
(a) Definitions-
(1) FOREIGN POWER- Subsection (a) of section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) is amended--
(A) in paragraph (5), by striking `persons; or' and inserting `persons;';
(B) in paragraph (6) by striking the period and inserting `; or'; and
(C) by adding at the end the following new paragraph:
`(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.'.
(2) AGENT OF A FOREIGN POWER- Subsection (b)(1) of such section 101 is amended--
(A) in subparagraph (B), by striking `or' at the end;
(B) in subparagraph (C), by striking `or' at the end; and
(C) by adding at the end the following new subparagraphs:
`(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or
`(E) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor for or on behalf of a foreign power; or'.
(3) FOREIGN INTELLIGENCE INFORMATION- Subsection (e)(1)(B) of such section 101 is amended by striking `sabotage or international terrorism' and inserting `sabotage, international terrorism, or the international proliferation of weapons of mass destruction'.
(4) WEAPON OF MASS DESTRUCTION- Such section 101 is amended by adding at the end the following new subsection:
`(p) `Weapon of mass destruction' means--
`(1) any explosive, incendiary, or poison gas device that is designed, intended, or has the capability to cause a mass casualty incident;
`(2) any weapon that is designed, intended, or has the capability to cause death or serious bodily injury to a significant number of persons through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors;
`(3) any weapon involving a biological agent, toxin, or vector (as such terms are defined in section 178 of title 18, United States Code) that is designed, intended, or has the capability to cause death, illness, or serious bodily injury to a significant number of persons; or
`(4) any weapon that is designed, intended, or has the capability to release radiation or radioactivity causing death, illness, or serious bodily injury to a significant number of persons.'.
(b) Use of Information-
(1) IN GENERAL- Section 106(k)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C
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